Rehousing agricultural workers: HA 1988 s. 26
HA 1988 s. 26 amends the Rent (Agriculture) Act 1976 to include assured agricultural occupancies within the rehousing duties of housing authorities.
In section 27 of the Rent (Agriculture) Act 1976 (rehousing: applications to housing authority)— in subsection (1)(a) after “statutory tenancy” there shall be inserted “ “or an assured agricultural occupancy ” ; and at the end of subsection (3) there shall be added “ “and assured agricultural occupancy has the same meaning as in Chapter III of Part I of the Housing Act 1988 ” .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section changes the Rent (Agriculture) Act 1976 so that when a housing authority considers rehousing an agricultural worker, it must treat an assured agricultural occupancy (a type of tenancy created by the Housing Act 1988) the same as a statutory tenancy under the old 1976 Act. The amendment adds the words 'or an assured agricultural occupancy' to section 27(1)(a) of the 1976 Act and adds a definition of that term at the end of subsection (3).
The effect is that a person who holds an assured agricultural occupancy under the 1988 Act can apply for rehousing from the local housing authority just as someone with a statutory tenancy under the 1976 Act could. The provision does not create any new rights or duties itself; it only extends an existing rehousing mechanism to a newer type of tenancy.
When it applies
- A farmworker with an assured agricultural occupancy under the Housing Act 1988 loses their home and applies to the council for rehousing.
- A housing authority receives an application from a tenant who holds an assured agricultural occupancy and must now consider it under the same rules as a statutory tenancy under the Rent (Agriculture) Act 1976.
- A landlord challenges a rehousing application on the ground that the tenant's occupancy is not a statutory tenancy, but the authority points to the amendment covering assured agricultural occupancies.
What this section does not say
- It does not define what an assured agricultural occupancy is (that is in HA 1988 s. 24 and related provisions).
- It does not change the security of tenure rules for assured agricultural occupancies (see HA 1988 s. 25).
- It does not affect rehousing rights for tenants who hold assured shorthold tenancies or other types of tenancy.
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This page reproduces the text of HA 1988 s. 26 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.